STORYLOOM TERMS OF SERVICE

Welcome to Pixelberry Studios! You have entered what we call the Storyloom Platform ("Platform"), the ultimate virtual universe for creative story writers. The Storyloom Platform is part of a service offered by Pixelberry that allows Users to write stories, connect with other Storyloom authors, artists, and readers, and use content created by You and other Users (the "Service").

The following terms and conditions ("Terms") between You, a User (“You” or “User”), and Pixelberry Studios (“Pixelberry”) ("we," "our," or "us") constitutes a binding agreement.  The General Terms of Service and End User License Agreement is incorporated by reference herein to the Terms and shall be read in conjunction with the Storyloom Terms of Service.  If there is any conflict between the terms of the General Terms of Service and End User License Agreement and the Storyloom Terms of Service, the terms of this Storyloom Terms of Service shall supersede.

By accepting these Terms, You and we are agreeing to arbitrate any dispute between us, and You are giving up Your right to go to court either individually (except for matters that may be taken to small claims court) or as part of a class action, except as otherwise provided by the European General Data Protection Regulation. See Dispute Resolution Section X in the Terms of Service and End User License Agreement.

These Terms and for purposes of facilitating the Service, You are agreeing to grant us a perpetual, fully paid up, nonexclusive license to use, online and offline, whatever You create or in the past have created while using the Service. This is covered in the User Generated Creations ("UGC") section below.

1. Acceptance of Terms

A.Legal Agreement. By using or visiting any of our websites, any of our products, software, applications, content, test environments, data feeds, forums, the Platform and the Service, or any other event that we hold and You attend, You signify Your agreement to these Terms and the following, all of which are incorporated by reference and shall be included, but not limited to, within the definition of Terms: (a) this Storyloom Terms of Service (b) the General Terms of Service and End User License Agreement, (c) Pixelberry Privacy Policy, (d) the Storyloom Content Guidelines, and (e) Creator Exchange Terms of Use. If You do not agree to all these policies, rules and the Terms, You may not use the Service. You represent that You are not a person barred from receiving the Services under applicable law. You also represent that You either are over the age of majority in Your country or, consistent with applicable law, use the Services only with the permission and under the supervision of a parent or legal guardian that has reviewed and agreed to these Terms. Children (as defined under applicable law) may not register for an account and may not provide any personal information to Nexon or others through the Services.

B.Changes to Terms. We reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service; however, material changes to these Terms will be effective upon the earlier of (i) Your first use of the Service with actual notice of such change, or (ii) 30 days from the posting of such change. Your use of the Service following any such change constitutes Your agreement to be bound by the modified Terms. These Terms will identify the date of last update. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the Dispute arose. "Disputes" means any dispute, action, controversy or claim arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of these Terms. We encourage You to review these Terms frequently to stay informed of the latest modifications.

C.Additional Policies. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to the Service, and all such additional documents are incorporated by this reference into, and made a part of, these Terms.

2. The Service

A. Use. Some of the things You can do through the Service are listed directly below. (What You can actually do in the list below will depend on Your age, the type of account You sign up to, whether You create UGC and allow the use by others of that UGC, and other factors.) These Terms apply to all Users of the Service no matter what You do. "UGC" means the following that You control, have the ability to license, have ownership of, will Provide (as defined below), or have Provided: (a) Content Services (as defined below) and (b) any modifications, changes, or derivative works by You or that You otherwise own or control of any of those types of data or works that are on, in, or used with the Service. "Provide" or "Publish" means to create, modify, or generate through the Service, or upload, post, publish, reproduce, distribute, transmit, sell or otherwise make available or provide to, for, or through us, someone, or something on behalf of us or the Service. "Content Services" means all types of content, including authoring or preparing of one or more storybook chapters (each, a “Work”) (and all characters, assets, names and other items in the storybook chapters), avatars and other characters, digital clothing and other digital assets for avatars and other characters, models (2D, 3D or otherwise), artwork, reviews, text, scripts, graphics, photos, images, sounds, music, videos, audiovisual combinations, interactive features, names, usernames, logos, Creator/Writer Services (as defined below), and other materials, works, items or content (standalone or in combination).

  1. Create/Develop/Modify/Contribute. Create, develop, modify and contribute Content Services, which may be available to some or all of the Users of the Service. The Service is a social platform, which hosts story writing created by Users to be read by other Users. The Service includes tools and interfaces that Users can use to create, interact, and socialize. Users who author or prepare storybooks, including single chapters, (as defined below) and Publish the storybooks, we call " Creators/Writers." Other Users on the Service can interact by reading and paying Writers/Artists in Storyloom Coin [explained below] to continue writing chapters and storybooks (“Readers "). Creator/Writer Content means the following Content Services created by Creators/Writers: (a) experiences ("Creator/Writer Services"), (b) anything that is made available (through the Service) for consideration to other Users in and for Creator/Writer Services, such as digital content, items or abilities for use in or for Creator/Writer Services ("Creator/Writer Services"), and (c) digital items for avatars ("Creator/Writer Avatar Item Services").

    Users who wish to be Creators/Writers within the Storyloom community by authoring of one or more storybook chapters or designing Content for use in storybooks (“Work”) may participate by contributing their own storybook chapter and digital content, subject to these Terms. Works are to be published on a chapter-by-chapter basis or in such other manner as Storyloom may allow.  

    Posting of individual storybook chapters shall be in the sole discretion of Storyloom’s Editorial and Publishing team.  Examples of factors the Editorial and Publishing team will consider include, without limitation, the following: quality of the content, reader interest and purchases, and other key performance indicators.   

    We reserve the right, but shall have no obligation, to pre-screen, refuse to accept, post, display or transmit Your Content Services through the Service in whole or in part at any time for any reason or no reason, with or without notice, and with no liability.

  2. Acceptance, Revisions, and Publication of Work. Following Storyloom’s acceptance of the Creator/Writer’s Work, Storyloom may choose to review, edit, revise, and adapt the Work, and cause others to make such changes, as Storyloom may deem appropriate. Pixelberry may publish (as defined above) any Work as Pixelberry, in its sole discretion, may decide, in accordance with Section 6(A)-(B) below.

  3. Obscene Content Prohibited. Creator/Writer is prohibited from submitting, incorporating, referencing, or otherwise including any obscene content in the Storyloom Work, including without limitation, script, images, avatars and their conduct, and scenery. Pixelberry, in its sole discretion and without notice, reserves the right to remove any and all such conduct it deems obscene or inappropriate for the Storyloom Platform, terminate Your Account, and repossess all Storyloom In-Game Currency paid to Creator/Writer by both Storyloom and by Readers in relation to the Creator/Writer’s Work.

  4. Payments from Readers. Under the Storyloom program, (i) Storyloom readers may pay Storyloom Coins to Creator/Writer’s account (“Storyloom Coins”) to read existing Work or as an incentive to Creator/Writer to continue to produce additional Works within the Storyloom community and (ii) once Creator/Writer has accumulated a certain value of Storyloom Coins in Creator/Writer’s account, Creator/Writer will have the option to redeem the Storyloom Coins for cash through Storyloom’s third party payments service provider. Cash outs are subject to a processing fee imposed by Storyloom’s third party payments service provider. Please refer to the Third Party Payer processing fees associated with your selected payment method and available for viewing during the Cash Out process.

  5. Taxes. Payments made under this Agreement do not include federal, state, local, value added, sales, use, excise or similar taxes levied on the Services provided under this Agreement. Pixelberry will have no obligation to pay any taxes or fees related to the provision of the Services and/or based on Creator/Writer’s gross or net income or receipts, personal property taxes, franchise taxes or any interest or penalties arising from Creator/Writer’s failure to pay taxes, file returns or provide tax information as required under applicable law or regulation, or to pay or withhold taxes.

  6. Participate in the Creator Exchange. We, in our sole discretion, may allow eligible Users of the Service to participate in the Creator Exchange (“CreatorEx,” further explained below in Section 4(B)).

B. Changes or Discontinuance of the Service. We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to You. We will have no liability whatsoever on account of any change to the Service.

3. Storyloom Accounts

A. Your Account. To access some of the Service features on the Platform, You will need to create a Storyloom account ("Account"). When You register for an Account or update the information, You agree to provide us an accurate age and information that You will keep up-to-date at all times (providing inaccurate information is a violation of these Terms). You may never allow anyone else to use Your Account (except Your parents or legal guardian). If You have reason to believe that Your Account is no longer secure or would like to report User abuse, then You must immediately notify us by creating a help ticket through the chat support in Storyloom.

B. Suspension/Termination. If You violate any provision of these Terms, Your permission to use the Service will terminate automatically. In addition, we may, in our sole discretion, (a) suspend or terminate Your Account and/or Your access to the Service, or (b) remove any of Your Content Services, at any time, without notice for any reason. We will have no liability whatsoever as a result of any suspension or termination of Your access to or use of the Service.

4. Storyloom In-Game Currency and Creator Exchange

A.Storyloom In-Game Currency

  1. License to Use. We, in our sole discretion, may offer eligible Users of the Service the ability to acquire a limited license to use our in-game currency (“Storyloom Coins” or “Storyloom Gold Bars” or “Storyloom Diamonds,” or collectively “Storyloom In-Game Currency”). If we offer You the ability to acquire a limited license to use Storyloom In-Game Currency, we hereby grant You a nonexclusive, revocable, personal, limited, non-transferable (except as specifically set out in this Section 4 and Section 5 below) right and license to use Storyloom In-Game Currency only for Your personal, entertainment use exclusively in connection with the Service as permitted by us, subject to these Terms.

  2. Ways to Acquire Storyloom Gold Bars and Diamonds. Eligible Users of the Service may acquire Storyloom Gold Bars from Storyloom through: (a) the publishing of storybook chapters; (b) the meeting of certain milestones; (c) offered at Storyloom’s sole discretion as additional compensation or reward; or (d) through such other methods as we may offer from time to time. Eligible Users of the Service may acquire Storyloom Diamonds from Storyloom through: (a) the conversion of earned Storyloom Coins upon meeting the threshold for reader purchases (purchased Coins will not convert into Diamonds); (b) Creator/Writer Services and Creator/Writer Avatar Item Services sales; or (c) through such other methods as we may offer from time to time. We will credit Your Account for any Storyloom Gold Bars and Storyloom Diamonds acquired by You. Your license to use Storyloom Gold Bars and Storyloom Diamonds will terminate upon termination of these Terms or Your Account and as otherwise provided herein, except as otherwise required by applicable law.

  3. Ways to Acquire Storyloom Coins. Eligible Users of the Service may acquire Storyloom Coins by: (a) acquiring Storyloom Coins from Storyloom; (b) converting a Storyloom Diamond into Storyloom Coins; or (c) through such other methods as we may offer from time to time. We will credit Your Account for any Storyloom Coins acquired by You. Your license to use Storyloom Coins will terminate upon termination of these Terms or Your Account and as otherwise provided herein, except as otherwise required by applicable law.

  4. Storyloom Coins Not Redeemable or Exchangeable. Storyloom Coins do not: (a) have an equivalent value in real currency [except as through the CreatorEx platform explained below in 4(B)]; (b) act as a substitute for real currency; (c) act as consideration for any legally enforceable contract (except where We grant a license to use Storyloom In-Game Currency or as through the CreatorEx platform); or (d) earn interest. Storyloom Coins are not redeemable or exchangeable for real currency, monetary value, or convertible in-game currency from us or any other third party, except as expressly provided in these Terms or otherwise required by applicable law. While transactions involving the exchange or Storyloom Coins for virtual items or virtual services on the Storyloom platform are made available, they are not, however, legally enforceable, may not form the basis of any private right of action against Storyloom/Pixelberry or any third party, and are governed solely by Storyloom/Pixelberry in its discretion and by application of these Terms.

  5. Final Payment. All payments for Storyloom Coins are final and not refundable or exchangeable, except as required by applicable law.

  6. No Transfer. You may not transfer, assign, sell, gift, exchange, trade, convert, lease, sublicense, rent, or distribute Storyloom In-Game Currency except through the Service and as expressly permitted by us. Any disposition or attempted disposition of Storyloom In-Game Currency in violation of these Terms will be void and will result in immediate termination of Your Account and Your license to use Storyloom In-Game Currency. We do not recognize or condone any third-party services that may be used to sell, exchange, transfer, or otherwise dispose of Storyloom In-Game Currency. We do not assume any responsibility for, and will not support, such transactions.

  7. No Obligation. Storyloom, You, nor any third party has any obligation to exchange Storyloom In-Game Currency for anything of value, including, but not limited to, real currency, except as expressly provided in these Terms or otherwise required by applicable law. We, in our sole discretion, may impose limits on Storyloom In-Game Currency, including, but not limited to, the amount that may be acquired, earned, or redeemed.

  8. Valuation of Storyloom In-Game Currency. You acknowledge and agree that we may engage in actions that may impact the perceived value or acquired price of Storyloom In-Game Currency at any time, except as prohibited by applicable law. Storyloom reserves the right to modify, amend, or cancel the CreatorEx program, add, remove, or modify the CreatorEx Eligibility Requirements, and change the Current Exchange Rate for Cash Out, all at any time and for any reason by updating the CreatorEx Terms.

  9. Reservation of Rights. Except as otherwise prohibited by applicable law and except for the limited licenses granted under these Terms, we reserve and retain all rights, title, and interest in and to Storyloom In-Game Currency.

  10. Absolute Right. We, in our sole discretion, have the absolute right to manage, modify, suspend, revoke, and terminate Your license to use Storyloom In-Game Currency without notice, refund, compensation, or liability to You, except as otherwise prohibited by applicable law. We make no guarantee as to the nature, quality, or value of Storyloom In-Game Currency or the availability or supply thereof.

B.CreatorEx

  1. Participating in CreatorEx. We, in our sole discretion, may allow eligible Users of the Service to participate in the CreatorEx platform to cash out earned Storyloom In-Game Currency. Users participating in the CreatorEx may redeem earned Storyloom In-Game Currency for U.S. currency based upon an exchange ratio and other requirements, procedures, and limitations established by us and our third party payer service provider in our sole discretion from time to time. If you are a Creator and are interested in understanding eligibility and use of CreatorEx, you can find the CreatorEx Terms of Service here.

  2. Reservation of Rights. We, in our sole discretion, have the absolute right to manage, modify, suspend, revoke, and terminate the CreatorEx without notice, refund, compensation, or liability to You, except as otherwise prohibited by applicable law. If You do anything related to the Service that is against the law or otherwise not in line with these Terms or any of our policies, we reserve the right to deny, suspend or terminate Your access to the CreatorEx (whether or not You have a transaction in process).

5. Making Payments, Receiving Payments, Billing, Refundability and Dispute Resolution

A.Making Payments through the Service.

  1. Overview. When You make payments for Creator/Writer Services, You will be making payments for those items directly to us. Unless otherwise expressly stated in these Terms or unless otherwise agreed to, all payments are final and non-refundable, except as required by applicable law. You represent and warrant that You have the authority and right to use the payment method selected by You and that such payment method has sufficient credit or funds available to complete Your payment. If You believe someone has made unauthorized purchases without Your permission, You should notify us of the charge by creating a help ticket through the chat support located in Storyloom. We reserve the right to close any account with unauthorized charges.

  2. No Refunds. As discussed elsewhere in these Terms, there may be situations where avatar items, Work, or other content may be removed from the Service (due to violations of these Terms or for other reasons). We will have no liability for any losses You may incur as a result, and will not be liable to refund any Storyloom Coins or other funds You spent in or for that Work or other content.

B. Receiving Payments through the Service for Creator/Writer Item and Avatar Services

  1. Overview – Creator/Writer can receive payments for Creator/Writer Item Services and Creator/Writer Avatar Item Services through the Service. Writers can opt to pay artists within the Storyloom community to design avatars unique to the Writer’s chapter or storybook. Alternatively, Writers may also utilize the Service’s repository of standard avatar images, for which the Writer will incur a one-time usage fee.

    You acknowledge that we will, solely, on Your behalf and not on our own behalf, display and host Creator/Writer Services or Creator/Writer Avatar Item Services to be played and experienced by Users through the Service. Anything that an Creator/Writer receives payments for through the Service is a transaction between the Creator/Writer and the Payer, with us acting solely as a facilitator by providing the Creator/Writer and Payer with the Service.

  2. Creator/Writer Services and Creator/Writer Item Services. Creator/Writers are responsible for all issues relating to their Creator/Writer Services and Creator/Writer Item Services, including dealing with all complaints and issues from Payers in a timely and professional manner.

6.Intellectual Property

A.Intellectual Property

  1. Ownership of our Intellectual Property. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Intellectual Property" or "IP") are protected by law. All IP contained in the Service is our property or our Users’ or third-party licensors’ property. The IP includes UGC that has been licensed to us by our Users under Section 6(A)(3)-(4) below. Except as expressly authorized by us in these Terms, You may not make use of any IP contained in the Service unless You get separate permission from the owner. We reserve all rights to the IP not granted expressly in these Terms.

  2. License. Subject to Your ongoing compliance with these Terms, we grant You a nonexclusive, personal, limited, revocable, non-transferable license to use the Service on compatible devices that You own or control for Your personal, entertainment use. This includes the right to download and use software that we make available for download as part of the Service. This software is licensed, not sold, to You for use only pursuant to the Terms and only in connection with Your use of the Service.

  3. IP Incorporated Into Your Work.

a.User Generated Creations (“UGC” or “Work”) - Ownerships and Licenses

i.Generally. We will provide an opportunity for You to Provide UGC through the Service.

Ownership of UGC and License Grant to Pixelberry. Creator/Writer grants Pixelberry a perpetual, worldwide, nonexclusive, fully paid up, royalty-free right and license, subject to Creator’s/Writer’s right to remove their own UGC from the Storyloom store explained below in Section 6(A)(3)(b) below, to host, store, transfer, publicly display, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), reproduce (including in timed synchronization to visual images), modify, and distribute the UGC that You Provide, in whole or in part, including modifications for publicity and marketing purposes (except that You are not granting us any license to make new or derivative chapters or storybooks using Your UGC).  Notwithstanding the above, Pixelberry’s license will remain unaffected and continue to be valid following removal from the store for all UGC purchased by Users prior to removal from the store (i.e. UGC previously purchased by other Users will remain in those Users’ accounts).  Creator/Writer retains any and all other rights to the UGC not specifically included in Pixelberry’s license.

ii.For the avoidance of doubt, the rights granted in this Section 6(A)(3) include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings) and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that You are granting Pixelberry rights to use Your UGC as contemplated by this Section 6(A) without the obligation to pay royalties to any third party, including, without limitation, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a "PRO"), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of UGC.

iii.Other than as agreed in SOWs and the potential to earn Storyloom In-Game Currency we shall not be obligated to provide to You any compensation, attribution, or other payments for any reasons, including for exploitation of the license discussed immediately above, whether in relation to the Service or otherwise, nor are we obligated to exploit this license. BY ACCEPTING THESE TERMS AND CONTINUING TO USE THE SERVICE, YOU AGREE THAT THIS LICENSE APPLIES TO ANY UGC YOU PROVIDED TO US AT ANY TIME (FROM YOUR FIRST USE OF THE SERVICE, WHICH MAY PREDATE YOUR ACCEPTANCE OF THIS VERSION OF THE TERMS).

b.User Generated Creations – Use By Other Users, Removal, Deletion

i.Grant of Right to Use UGC to Other Users. When using the Service, You may be prompted to grant other Storyloom Users the right to use Your UGC. If You agree to grant this right, other Users may use Your UGC to create their own chapters or storybooks and other UGC on the Service, and You will not be entitled to any revenue that those other Users earn, even if they use Your UGC.

ii.Right to Remove UGC. Creators/Writers have the right to remove or modify their UGC that is currently for sale in the Storyloom store. Such right does not extend to removal or modification of written UGC (i.e. chapters or storybook) already acquired by other Storyloom Users through purchase; however, if a Creator/Writer wishes to remove an entire chapter from the Storyloom store to prevent additional purchases, all subsequent chapters in the storybook will automatically be simultaneously removed, including unread subsequent chapters in Reader’s accounts. Removal from the Storyloom store means the item will no longer be for sale and can no longer be traded, however the item will not be removed from the accounts of Users who purchased the item prior to removal from the store. Therefore, a Creator/Writer cannot remove or modify UGC that has already been purchased, including by other Users who have incorporated the item into their own separate storybook. If non-written UGC is to be removed from the Creator/Writer’s own story, the UGC will be substituted with an appropriate placeholder for the item until the Creator/Writer has created an acceptable replacement.

iii.Request to Delete UGC. In limited circumstances, Creators/Writers may submit a request to Storyloom for the deletion of their UGC. All UGC deletions are subject to Storyloom/Pixelberry’s sole discretion. Deletion of UGC involves a system wide deletion of the UGC from the entire Storyloom platform, including the platform’s online store and all User accounts. Storyloom reserves the right to perform, at any time and for any reason, a unilateral administrative deletion of any UGC without prior notice to the creator of the UGC.

4. Publishing License Grant. Subject to the Creator/Writer’s right to remove their own UGC as explained above in Section 6(A)(3)(b), Creator/Writer grants to Pixelberry the perpetual, irrevocable, worldwide, fully-paid up, royalty-free right and license, and exclusive right to:

a.reproduce, publish, distribute, transmit, and otherwise make available (collectively defined as "Publish") the entire Work, worldwide and throughout the universe, in the English language and in any other language, through the websites, mobile applications and other online products and services owned or operated by Pixelberry or its current and future affiliates from time to time, using any technology whether now invented or invented in the future;

b.make copies in verbatim text electronic, digital, audio, or other media as necessary to Publish the work as permitted herein; and

c.translate into Languages other than English.

5. UGC Representations and Warranties; Rights in UGC.

a.You are solely responsible for Your UGC and You represent and warrant that:

b.You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize us to exploit the license that You grant to us hereunder; and

c.Your UGC, and the use of Your UGC as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) require Pixelberry to obtain any further licenses from or pay royalties or compensation or other amounts or provide any attribution to any third parties; (iv) result in a breach of contract between You and a third party; or (v) cause us to violate any law or regulation.

d.You must not Provide any UGC if You are not the owner of or are not fully authorized to grant rights in all of the elements of the UGC You intend to Provide. In addition, if You only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then You must not Provide such sound recordings unless You have all necessary rights, authorizations and permissions with respect to such embedded musical works that grant You sufficient rights to grant the licenses to Pixelberry under these Terms. You agree to pay all monies owing to any person as a result of providing Your UGC.

6. Specific Rules for Musical Works and for Recording Artists. If You are a composer or author of a musical work and are affiliated with a PRO, then You must notify Your PRO of the royalty-free license You grant through these Terms to Pixelberry. You are solely responsible for ensuring Your compliance with the relevant PRO’s reporting obligations. If You have assigned Your rights to a music publisher, then You must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms or have such music publisher enter into these Terms with Pixelberry. Just because You authored a musical work (e.g., wrote a song) does not mean You have the right to grant Pixelberry the licenses in these Terms. If You are a recording artist under contract with a record label, then You are solely responsible for ensuring that Your use of the Service is in compliance with any contractual obligations You may have to Your record label, including if You create any new recordings through the Service that may be claimed by Your label.

7. Through-To-The-Audience Rights. All of the rights You grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to You or any other third-party for UGC Provided or used on such third party services via the Service.

8. UGC Disclaimer. We are under no obligation to edit or control UGC that You or others Provide, and will not be in any way responsible or liable for UGC. We may, however, at any time and without prior notice, screen, remove, edit, or block any UGC that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service, You will be exposed to UGC from a variety of sources and acknowledge that UGC may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy You have or may have against us with respect to UGC. If notified by a User or content owner that UGC allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the UGC, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities on the Service. Please alert us of any inappropriate UGC or other materials You find on the Service.

7. Storyloom Content Guidelines

A.Prohibited UGC Content. The following UGC content is prohibited:

1.Sexual Content

a. Graphic descriptions or images of sex acts

b. Pornography and other visual depictions of nudity or sex acts

c. Content that the average person would consider adult or borderline adult

d. Portraying minors in a sexual or provocative manner in any form

2. Obscenity

a.Lewd, vulgar, or profane content in any language, including but not limited to: slurs, text deemed too explicit for general audiences

b.Use of misspellings, special characters, or other methods to convey obscenity or evade detection of obscenity

c.Quoting or using songs with lyrics containing obscenity

3.Harassment

a.Descriptions or images conveying harassment, abuse, bullying, spamming, screaming at, threatening or stalking other users or encouraging other players to do so

b.Descriptions or images encouraging harm or violence against people or animals, or promote self-harm in any manner

4.Violence

a.Graphic descriptions or images of gratuitous violence, gore, or torture

b.Graphic depictions of suicide or self-harm

c.Content that encourages or incites real-world violence

d.Glorification of war crimes and human rights violations

e.Content containing physical or psychological abuse

5.Hate Speech and Discrimination

a.Any content that promotes discrimination, violence, or incites hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization

b.Content or speech asserting that a protected group is inhuman, inferior, or worthy of being hated

c.Hateful slurs, stereotypes, or theories about a protected group possessing negative characteristics (e.g., malicious, corrupt, evil, etc.), or explicitly or implicitly claims the group is a threat

d.Content or speech trying to encourage others to believe that people should be hated or discriminated against because they are a member of a protected group

e.Content which promotes or depicts hate groups or hate symbols such as flags, symbols, insignias, paraphernalia, clothing, or behaviors associated with hate groups

6.Intellectual Property Infringement or Other Proprietary Rights

a.Unauthorized depictions or use of another’s intellectual property, including without limitation, software, music, art, and other copyrighted, trademarked, or patented materials, characters, or trade secrets

b.Unauthorized use of the likeness of real-world individuals, including the impersonation of another person

c.Transmitting material, non-public information about companies without prior authorization to do so

7.Child Endangerment

a.Content that sexualizes minors in any manner or depicts pedophilia or other inappropriate interaction with a minor, including without limitation, predatory behavior directed at minors

b.Content portraying child endangerment. Child endangerment is defined as: exposing a child to danger, pain, or undue suffering; willfully allowing a minor to be injured; willfully causing or allowing a minor to be in any type of dangerous situation; causing a minor to suffer unjustifiable physical or emotional pain or suffering

c.Content that promotes of displays underage drinking drug use or socially irresponsible behavior due to alcohol or drug consumption (such as drinking and driving)

8.Cheating

a.Content that exploits design errors, features which are not documented, and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage

b.Content that modifies the software made available, including without limitation, creating and describing or posting images about cheats and/or hacks or using third-party software to access files StoryLoom provides to users

c.Content containing “packet sniffing,” scripting and/or macroing software for any purpose or otherwise monitor the data streams generated by StoryLoom

d.Sharing cheats or exploits with other users and/or encouraging others to cheat

9.Unauthorized Advertisement or Promotion

a.Content that advertises/promotes/solicits any non-Storyloom brands, services, or products

b.Content directing users to an unauthorized link outside of the Storyloom site

10.Hard Drug Use

a.Content that promotes or graphically depicts the use of "hard" drugs, including but not limited to the following: heroin, cocaine, amphetamines, and LSD

11.Improper Communication

a.Providing personal information of other users (such as real name, physical address, IP address, email address, phone number, credit card number, etc.) in any way.

b.Expressing or implying that any statements you make or actions you take are endorsed by StoryLoom

c.Selling, advertising, or posting information on hack, private servers; advertising or posting information on or selling hacks for any other software or websites

d.Using the StoryLoom platform to transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication

e.Any non-StoryLoom related conversation that takes up a substantial amount of StoryLoom forums or in-platform chat space and prevents users from finding game-related information may be considered a violation of the Content Guideline

B. Technical Restrictions. The Storyloom platform may not be used to do the following:

  1. Exploiting the StoryLoom platform for any commercial purpose, including selling of accounts or StoryLoom currency or other platform items, etc.

  2. Creating or sharing of any content that facilitates, promotes, or contains references to viruses or malware

  3. Creating or sharing any content that facilitates or promotes identity theft

C. Prohibited Uses of the Storyloom Platform.

  1. Exploiting the StoryLoom platform for any commercial purpose, including selling of accounts or StoryLoom items, etc.

  2. Creating or sharing content that facilitates or promotes illegal gambling, illegal content, pornography, piracy, illegal online pharmacies, illegal drugs, or criminal activities is prohibited

  3. Creating or sharing any content that instructs users how to make bombs, weapons or drugs, or solicits involvement in behavior that is violent or illegal under applicable laws

  4. Creating or sharing any content that facilitates, promotes, or contains terrorist threats or activities

  5. Creating or sharing any content that facilitates, promotes, or contains references to viruses or malware

  6. Creating or sharing any content that facilitates or promotes identity theft

D. Violation of Content Guidelines. If a User violates the Content Guidelines by including any of the above prohibited UGC in their submissions, Storyloom reserves the right to take any number of the following actions:

  1. Reject content StoryLoom deems offensive or inappropriate

  2. Remove the chapter or book containing content that StoryLoom deems offensive or inappropriate from the platform or Storyloom Store

  3. Temporarily or permanently suspend, restrict, or ban the offending user's account.

  4. Removal of currency paid to the offending user's account for the chapter or book containing content StoryLoom deems offensive or inappropriate

Please note that Storyloom is not obligated to send Users a warning before these actions occur. If a Creator or Player’s account is suspended while participating in a tournament or competition, StoryLoom assumes no liability in the loss of any potential prizes or recognition related to the tournament or competition. StoryLoom is not obligated to monitor every post or activity, but has the right to remove any post or take action against any user.  Furthermore, StoryLoom reserves the right to remove at any time, without notice, any user-created content, account, or device from StoryLoom platform for actions determined to be in violation of this Content Guideline or General Terms of Service and End User License Agreement.  StoryLoom’s determinations regarding suspension or termination is made in its sole discretion and is final and binding on the Creator and Player. UPON RECEIVING A PERMANENT BAN, ALL CONTENT LICENSES AND IN-GAME CURRENCY BALANCES ASSOCIATED WITH THE SUSPENDED ACCOUNT ARE FORFEITED.

8. Notice to California Residents

A.Complaints. If You are a California resident, under California Civil Code Section 1789.3, You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

B.Minors. If You are a California resident under the age of 18, You may request and obtain removal of certain personal content or information You have publicly posted to the Service. This generally includes personally identifiable information, but does not include anonymized information, or UGC that You Provide (because You’ve received consideration for Providing it). To make such a request, please create a help ticket through the chat support in Storyloom. All requests must include Your username and must provide a specific description of the content or information that You want removed so that we can locate that content or information. We will not accept requests via postal mail, telephone or facsimile. We may not be able to respond if You do not provide complete information. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information You have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

9. Survival. Any part of these Terms which by their nature should survive the termination of these Terms, shall survive such termination, including without limitation Sections 3(B), 4, 5, 6, and 8.

10. Waiver. No waiver of any part of these Terms by either You or us shall be deemed a continuing or further waiver of any such part or any other part of the Terms, and Your or our failure to assert any rights or part of these Terms shall not be deemed or otherwise constitute a waiver of such right or part.

11. General. These Terms, together with the other documents expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between You and us regarding Your use of the Service. Except as expressly permitted in these Terms, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or Your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time to any entity without notice or consent. This agreement is binding on and inures to the benefit of our respective heirs, successors and assigns. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible (or, if it cannot legally be given any effect, will be severed from these Terms), and the remaining parts will remain in full force and effect. Nothing in these Terms shall be deemed to confer any rights or benefits on a third party (other than Apple as noted in the "Notice Regarding Apple" section). YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. Communications and Text Messages. If you opted in to receive a one-time PIN code to your phone, we will send SMS to the cell phone number you provided. Message frequency may vary. Standard message and data rates may apply, whether you send or receive such messages. If you need assistance, text “HELP”. To cancel, text “STOP”. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages. Supported carriers include but are not limited to AT&T, Boost, MetroPCS, Sprint, T-Mobile®, U.S. Cellular®, Verizon Wireless, Virgin Mobile USA.

13. Compliance with Laws. You will comply with all laws in Your use of the Service, including any applicable export laws. You will not directly or indirectly export, re-export, or transfer the Service to prohibited countries or individuals or permit use of the Service by prohibited countries or individuals.

Last Updated: August 1, 2022